Summons or Letter? Sued or not? Long - Saab General Bulletin Board - Saabnet.com
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Summons or Letter? Sued or not? Long
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Posted by DER (more from DER) on Sat, 22 Mar 2003 15:49:46 Share Post by Email
In Reply to: Need Legal Help! - Saab Related - Strange story (long), MisplacedYankee [Profile/Gallery] , Fri, 21 Mar 2003 20:00:46
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You said, "certified letter", that you are being sued. Well, was it a threat that a lawsuit might/will/has been filed or is it an announcement that you are in fact a defendant in a lawsuit that in fact exists? Did the envelope include a summons? A summons is a serious legal document that must be turned over to your attorney or your possible insurer immediately. If an action has been filed, depending on the state in which the action is filed, you may well have been sued whether or not you have yet actually received the summons. If so, it is up to you to defend yourself in the lawsuit, or you may face a default judgment being entered against you. This is America, the land of the individual with individual rights and responsibilities. One of those responsibilities overlooked by many is the need to defend lawsuits and thereby avoid wrongful judgments since nobody else will do it for you. Phone calls and letters may not do the job. You may or may not be insured for what happened, and likely are not insured since the insurance was likely cancelled when you say you sold the vehicle but before the accident took place. If the damages sought are large, then your potential liability is possibly large.

In some states, failure to scrape off all stickers from the windshield of a vehicle being sold will lead police and others to assume that the prior owner still is the owner and remains responsible for damage or traffic violations that vehicle is involved in. It is important to insure that state motor vehicle agencies are aware that there is a different owner upon sale - which notice may not occur otherwise if and until there is a new registration for road use.

You can guage your own risk. But for me, my attorney would be taking action to make sure and considered cheap at the price.



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